HOUSING AND SERVING UNDOCUMENTED IMMIGRANTS WHO … · Immigration Status and Victims of DV DV Victims who are married to their abusers can legalize their immigration status independent

HOUSING AND SERVING UNDOCUMENTED IMMIGRANTS WHO ARE HOMELESS

HOMEBASE, THE CENTER FOR COMMON CONCERNS

Cynthia Nagendra

Staff Attorney HomeBase

HomeBase, Advancing Solutions to Homelssness

July 23, 2013 NAEH Reframing for the Future

Annual Conference

Overview

Citizen verification restrictions in federally assisted and other subsidized housing

Section 8 and Public Housing HPRP/ESG HUD Programs

Limited protections in the law for immigrant survivors of domestic violence

Fair Housing Practical strategies for working with undocumented

individuals and families

HomeBase, Advancing Solutions to Homelessness

The Law

Personal Responsibility And Work Opportunity Reconciliation Act (PRWORA)

Welfare reform legislation passed in 1996

Restricts eligibility for “federal public benefits” to

citizens and qualified aliens (8 U.S.C. 1611)

Citizen Verification Requirements


The Law in Relation to Nonprofits

Public benefits provided by nonprofit charitable

organizations are NOT subject to PRWORA’s citizenship verification requirements


HUD Regulations: Restricted Programs

Section 214 of the Housing and Community Development Act: Restricts eligibility for certain housing programs to

citizens and certain noncitizens Section 8 Housing Assistance Programs Public Housing Housing Choice Voucher Program Section 235 (Home Ownership) and Section 236 Housing Rent Supplement Program Housing Development Grant Program (HoDAG)


Nonprofits are not restricted

Even under the welfare reform law: Nonprofit charitable organizations are NOT REQUIRED

to determine, verify, or otherwise ask for proof of an immigrant’s status

Nonprofits cannot “knowingly” serve undocumented

immigrants, but do not have to ask about status As a result, nonprofits CAN create a safe environment

for immigrants who are seeking services HomeBase, Advancing Solutions to Homelessness

Don’t Ask


HUD Regulations: Unrestricted Programs Immigrants are eligible for these programs:

McKinney homeless programs Low Income Housing Tax Credit (LIHTC) Section 202 Supportive Housing for the Elderly Section 811 Supportive Housing for the Disabled Community Development Block Grant HOME HOPWA Section 515 Rural Rental Housing Program Indian Housing


State and Local Subsidies

State and local governments may have

supplemental subsidies without immigration status restrictions that a family may use to obtain housing or fill in gaps


Focus on Types of Housing

Section 8 and Public Housing Homelessness Prevention and Rapid Rehousing

Program (HPRP) ESG


Section 214 Eligibility Requirements for Public Housing and Section 8

Categories of immigrants eligible for public housing and section 8 Lawful permanent residents Lawful temporary residents Refugees, asylees, trafficking victims, and persons

granted withholding of deportation or removal Parolees Qualified victims of trafficking


“Mixed Families”

NOTE: NOT all members of the household NOR the head of household NEED TO BE eligible for housing assistance

If at least one member of a household is a US citizen or an eligible immigrant, which could be a child, the family can live in public housing or Section 8

Rent subsidy is pro-rated based on the number of eligible persons in the household


“Mixed Families”

Family members who do not have eligible immigration status can be the head of household for purposes of: income eligibility determination of rent and entering into a lease, even though their occupancy

is not being subsidized.


Mixed Families

Public Housing Authorities do not have to verify immigration status each year for continued assistance Only had to verify status if there is a new family

member Citizenship evidence only one time

A PHA may establish a preference for housing residents with eligible status


Reporting Requirements?

Housing Authorities are required to report information to USCIS only in very limited cases

The reporting obligation is not triggered by:

A statement by the immigrant A worker’s suspicion about a person’s immigration status A formal finding that the person is ineligible for a benefit

TIP: Your local housing authority may have different

guidelines. Get information on local practices.


What we know from HPRP

HUD issued limited guidance on immigrant’s eligibility

All state and local governments must verify HUD has said that you cannot “knowingly” provide

HPRP to someone who is not a qualified alien, BUT nonprofits are not required to verify immigration status.


ESG

Federal regulations require that local governments receiving ESG funds determine residency status, but it does NOT for nonprofits providing homeless services.

However, if you determine for one, you determine

for all and must follow DOJ guidance


Fair Housing


Do undocumented residents have the same fair housing protections as citizens and legal immigrants? Prohibiting renting to undocumented immigrants The Fair Housing Act prohibits housing discrimination of the

seven protected classes National Origin

Regardless of any anti-immigration policies a community is

attempting to enact, it is the responsibility of every housing provider to recognize the rights of the seven protected classes.

Immigration Status and Victims of DV

DV Victims who are married to their abusers can legalize their immigration status independent of their abusers. (VAWA self-petition)

VAWA Self-Petition Violence Against Women Act Under VAWA, battered spouses or children may self-

petition for lawful permanent residence without the batterer’s knowledge


Immigration Status and Victims of DV

U Visas are available to victims of certain crimes who can provide certification from an authority that the victim has been helpful or is likely to be helpful in the investigation or prosecution of the crime.

T Visas allow certain trafficking victims to remain in

the US if they are willing to assist with the investigation and prosecution of trafficking cases T Visa holders are eligible for HUD-subsidized housing


Finding Options for Immigrants

When assisting immigrant families in accessing subsidized housing:

Identify the type of housing that is being applied for

Identify the housing applicant’s immigration status

Decide if the housing applicant is eligible that type of

housing


Tips

Service providers: Think about the consequences of asking about immigration status during intake. If you don’t need to know, make that explicit to the individual

Get help from an advocacy organization if a

housing provider plans to impose immigration restrictions


Resources

NATIONAL HOUSING LAW PROJECT

VERA INSTITUTE OF JUSTICE, CENTER ON IMMIGRATION AND JUSTICE

AMERICAN IMMIGRATION LAWYERS ASSOCIATION

NATIONAL IMMIGRATION LAW CENTER


Documents

HOUSING AND SERVING UNDOCUMENTED IMMIGRANTS WHO … · Immigration Status and Victims of DV DV Victims who are married to their abusers can legalize their immigration status independent